>> all right. lindsay lohan, you'll be happy to know my favorite starlet

was late to court in los angeles. she did make it there, but she wasn't on time. >> one says 30 minutes and tmz 48 and she was charged with misdemeanor, could spend time in prison, but she's safely in court and jon feels better when she's safely in court. >> she flew in on a private jet. >> you're jealous you couldn't fly. >> i would have liked to have been part of the trip. the plane was late and how much you want to bet she was late getting to jfk airport. >> we can only speculate. >> an american star became famous in germany with his calls to tear down the berlin wall and now david hasslehoff is leading protests for part of it to stay up. they want to destroy part of the last stretches of the wall because they want to build apartments and hasslehoff says

it is sacred and she remain as a memorial. >> it's about people and hearts that were broken and torn apart and lives that were lost. that's what these people are talking about today. it's not a piece of real estate. >> between 61 and '89, 600 people died trying to get over that wall. >> "america live" starts right n now. >> megyn: fox news alert on new fallout from the president's announcement just an hour ago as he had a controversial lawyer to be head of the labor department. tomorrow perez, currently leads the doj's civil rights division and could wind up being the next u.s. labor secretary. a cabinet member who will play a key role in the the president's efforts to raise the minimum wage and reform immigration laws among many other responsibilities, but with at least one former doj attorney describing mr. perez as a quote, radical radical

who views the law as, quote, a nuisance, you can bet there's a fight over this man's nomination may get intense. chris stirewalt is our fox news digital power editor on power play.com live. tom perez's tenure heading up to the doj has been controversial to say the least, but he is beloved by those on the left as someone who embodies virtually all the principles they stand for. what does it say that president obama is proceeding with that nomination despite some of the controversies that emerged when he they floated the trial balloon earlier? >> well, in washington we can tell a lot more about somebody's intent by what they do than what they say. what we've heard a lot said of the white house of late is that they're interested in reaching out to republicans and forming accords and looking to get past some of the partisan bickering that's gone on back and forth. what the president has done today in nominating mr. perez

for this job was to throw down the gauntlet to republicans who-- for them, as you say, he is the embodiment of a kind of eralism that they say that the core of what's wrong with the obama administration. there are other people who probably share every bit of mr. perez's views as relates to the use of the law, labor unions, empowering labor unions, fighting against employers who don't want to offer benefits and union access. there's probably somebody who does all of those things, but isn't as controversial as mr. perez, but in choosing mr. perez the president sends a clear message to republicans that says obama 2.0 is still on. >> megyn: we mentioned some of the sound bites in the introduction about mr. perez from somebody who used to work at the doj. that somebody is jay christian adams, he was a do jchj attorne and he worked on the new black panthers case that mr. perez testified about earlier and an openly conservative man.

mr. perez is not. so they clearly have an ideological divide between the two of them. he went on the mark levin radio show last week and had the following to say about mr. perez. >> totally lawless. this is a man for whom law is a nuisance. he brings the cases, you might remember, against school districts to allow children to dress in drag. he harasses pro-life protesters in florida where a judge awarded $120,000 in sanctions against the justice department. i mean, this is a man who is advancing a radical agenda using his power in the obama administration. >> megyn: and just to follow up, the case against the pro-life protester in florida he's right that sanctions, attorney's fees were awarded because the doj was thought to have overstepped. about the kids dressing in drag, my understanding there was some evidence that the little children were severely persecuted so the civil rights division stepped in on their

behalf. so his point is this is a guy pretty far to the left on most issues. whether you like that or don't, the point is that's where he comes from. who else would you expect president obama to nominate, chris? does it come as a particular surprise he's going with a man who is an openly liberal man? >> ideology aside, there is a question of personnel and the question here relates to actually that new black panthers case and other things. we've had an inspector general's report at the attorney general's -- at the department of justice that said that this unit, that mr. perez's unit was basically rent by ideological divisions before and then when a democratic president came in and appointed a very liberal attorney general and a very liberal attorney general put mr. perez in charge of this agency or this sub-group that it didn't get better, that it got worse in some ways, that it was dysfunctional, a

reprisal of liberals and what they have seen as excessive conservativism in the bush era and back and forth, and a dysfunctional agency. so there are other people who are less controversial and as i say would share mr. perez's views. and picking perez is sort of like what they did with chuck hagel. they could have found someone who shared chuck hagel's point ever view who wouldn't have been as controversial as mr. hagel. >> megyn: and the ig's report found mr. perez, that he misled investigators on the new black panther case that it was not intentional, that he should have done his homework, but not that he knowingly lied. that was the ig conclusion. however, they did back up the allegation that there is a racial hostility when it comes to enforces the civil rights laws equally where the defendant in the case is black and the victim in the case is white, that there's a racial hostility within the doj when

it comes to those cases and that in fact that exists under mr. perez's civil rights division, as it did prior in the bush administration. is it not less controversial then to have tom perez move over to labor than to allow him to stay as civil rights? >> well, then it depends on what you think is more important. if more members of congress who are going-- members of the senate who are going to have to weigh this nomination, what's more important shall the business of america, or the issue of liberties and civil rights? because his bailiwick affects marriage and other things. at the department of labor, and ends up over there, he's going to have a broad portfolio to be able to deal with how employers interact with their employees. and if he's as much of an innovator in finding ways to push the envelope on liberal issues at the department of labor as he is there, he will have a much broader effect on the economy and the way that

people work and are employed. >> megyn: as we speak, we are just getting this breaking news in that senator vittert-- senator vitter is coming out and saying he'll block the perez nomination and saying he's committed to doing that and that he was directly involved in the the controversial new black panther voter intimidation case and his record should be met with great suspicion by those in the senate saying in particular his home state of louisiana needs to have cause for concern about the nomination. already begins, chris, thank you. >> yes, ma'am. >> megyn: and again, as we mentioned, mr. perez has been dogged by some controversy throughout his time at the doj, including the testimony he just mentioned to a civil rights commission about his handling of the new black panthers case. again, the inspector general finding that he did mislead when it came to that issue although concluding it was not intentional. that testimony and the background on the controversy are on foxnews.com right now, and if you want to get more on

the story you'll find that link right on our home page. we're also tracking a developing story this hour in the quiet indiana neighborhood where a private jet smashed into three homes, killing two people, including a former college football star. police say the jet was apparently attempting a second landing at a nearby airport when it clipped the top of a house, causing it to plow right through a second home. take a look at this photo. look at that. wow. and you can clearly see the plane embedded deep inside the house and you can see the nose of the plane in the window and incredibly there was a little boy inside and trace gallagher has an update on all involved now, trace. >> reporter: very fortunately, megyn, that little boy only suffered a few minor scratches and the amazing thing about all this, that plane you just saw was actual touching down on the runway at one point in time or either moving too fast or too far down the runway, for some reason the pilot decided to

take off again and go around. he did radio in that he was having electrical problems and after that lost contact with the pilot for eight minutes before it just vanished off the radar. and witnesses say the plane appeared to be almost inverted, upside down, before it spun into the neighborhood clipping a first house, crashing through a second house before landing as you can see right there into the third house. listen now to some witnesses. >> then my front door flew open, i heard a big boom, i ran outside and got my kids to come inside. >> i saw the plane, and then i heard the boom and there were sirens right there. so then i ran to the front and it was just a big cloud of insulation and plane parts, everything flying. >> the jet engine fuel, you could smell it, you could smell it. that's the reason why they made everybody leave the houses. >> reporter: yeah, two people on board died on impact, including 60-year-old steve

davis, many would know him the former quarterback at oklahoma, i mean, he was sooner, a great one. two national championships, was the mvp of the orange bowl. you can see him with barry swietzer back in 1976. two others on the plane suffered injuries and another woman on the ground suffered some mod ral injuries, megyn, 50 homes in this neighborhood evacuated, most of the neighbors being allowed back in, it's going to be a while for those three houses and they may never get back in there because there's jet fuel filling the basement of that final house and all of the neighbors have been accounted for and n.t.s.b. is on the scene. it's going to be several months before we find out exactly what caused this crash. >> megyn: all right. trace, thank you. we've got a report just ahead raising new questions in the gun control debate. the story out of-- the story of alice bolen found not guilty by reason of insanity in 2005 on charges of trying to kill president bush.

see how she was able to go buy a gun and facing charges for allegedly trying to shoot someone last year. plus, a plan to eat up 10% of people's savings. they didn't ask anybody, they want to go into their private bank accounts and take their money. in the small mediterranean nation of cyprus and this plan has sent shock waves around the world today as households realize the money in the bank may not be safe. and they've shut down banks in cyprus to shut down a run and could it happen here? and what effect does it have on us, lou dobbs is next. and the most dangerous thing on personal privacy on the planet and wait until you hear about the personal screen that you wear on your head. [ male announcer ] how do you measure happiness?

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>> fox news alert. the white house just reacting to this developing story in cyprus. protests are underway there at this moment. can you blame them? it's over a just-announced plan to seize up to 10% of people's private savings and the island nation tries to deal with its financial crisis. the white house says it's quote, monitoring the situation, as people rush to withdraw their money from banks which they've had to close to try to prevent a run of the banks so they're shutting down atm's and limiting withdrawals as well and jay carney went on to say that they need to deal with the fiscal crisis. greg palkot with more on this. >> reporter: megyn, force fi first time during the euro zone crisis, they have to pay off the bailout, around 10% of

deposits, around 130,000 or over, and at least 7% of all deposits underneath that amount. you can imagine that this is not going over well in that island country. take a listen to one british ex-pat on cyprus. >> i plan to go to the bank and withdrawal all the money i have in there and have nothing left in there. you know? i can't trust them anymore. you know, it's theft. >> reporter: it's theft that individual said. cyprus is a small island nation and 1.2 million people, but it's having a huge impact, this move, a local impact. the fear is the same technique could be used in other weak euro zone countries like spain or italy. the fear is that it could go across the atlantic and come to the united states, but between the fdic, and between congress and the supreme court, experts that we have spoken to say that it's unlikely to happen, but it's still causing jitters in the states. wall street took a big hit right off the bat and still under the standard level and

europe and asia, too, we're seeing the stock markets are battered. right now, megyn, what we're waiting on is a conference call between cyprus and eu, to try to water this down, but we haven't seen the banks open up. they're not open up today, tomorrow, wednesday. and the fear is the run will happen then. >> megyn: all right. greg, they say when he says watered down, those in cyprus in the government are trying to work it so the rich have to pay more, so it's, you know, maybe maybe then the percentage will go down on those under 100,000 and up on those who have more than 100,000 in the bank. what kind of precedence does it set for those with the rights to their own money. lou dobbs from the fox business network. >> it's not like that taxpayers voted for it. they're stealing it, taking it out of their private savings accounts. >> that's right. and makes everybody glad they're in america. because this is a country, what is happening here, is that they're being run over by

their corrupt banks, they're being run over by their corrupt government and they're be run over by an exceedingly authortainer european union that was supposed to be the reverse of this. they were supposed to bring all of those nations together, the euro zone, the european union and everybody lives happily ever after. they're behaving in this crisis in such an authortainer manner that it is disgusting. and by the way, the euro itself may be challenged in this. i want to say quickly one thing about american banks, whatever we've gone through, whatever the issues are, we have a $250,000 insurance policy on every account. no one should in any-- you're hearing so much drama and hyperbole, no one should think about a contagious-- >> it's not going to happen here. >> if it did, the deposits are

insured. >> there would be a revolution if that happened. >> this wouldn't a good thing. and people are going into it, trying to go to 401(k)'s, people in the federal government looking at it. it's got to stop and to see what's happening to the poor people. and one of the reasons it's happening, i should explain, the reason they did this, cyprus is a well-known banking center for money laundering, for drug trafficking. >> megyn: and problematic. >> and that's-- >> i read at that they were deeply indebted in greek debt, basically and that country imploded and therefore it had a ripple effect. here is one of the concerns that people have-- >> the greek bonds didn't do so well. >> megyn: as they see -- i mean, this is what the article says. that this sets a dangerous precedence because it undermines people's belief that their deposits are safe. that may not necessarily happen in america where we think our deposits are safe. >> absolutely. >> megyn: no one is going to

be touching our savings accounts, but what about in europe? does this lead to a potential run on the banks in other countries people are worried their governments are going to do the same things to them? >> europeans, all europeans with the exception of the germans should be very concerned about what is happening right now with the european union. and the european centr run by mario draghi. he and wolfgang shoval got into an argument a month ago and declared that the german finance minister declared that cyprus was a systemic irrelevantsy and they're saying differently today. >> megyn: the eu said if you want us to help you out and cyprus said, okay, particular 10% from the rich and 6 plus%, 6.75 from those who have under

100,000 in the bank account. >> one of the laughable thing they didn't want to make a higher percentage on the larger accounts. by the way, about a third of all the deposits originate from russians corporations doing business-- >> so he the russians are against this. and i cannot imagine what it's like to find out they're just taking your money, taking it and go to the atm i am they're not taking my money. no, you can't get more than a couple hundred dollars, and i'm going on monday, the banks are closed. and going tuesday, we're closing on tuesday as well. we're keeping your money, you're not getting it, never getting it again, we're using it. >> and russian president putin declaring that these european banking methods it are unfair as the euros go about confiscating deposits. the russian president is right and the european union couldn't be be more wrong. >> megyn: how did we get to that point? lou dobbs, thank you.

new questions about the investigation into the deadly terror attack in benghazi, libya after a top republican lawmaker accuses this administration of trying to hide the survivors and scare them into silence. we'll take a look at his explosive charge and at the evidence behind it. no they don't. hey son. have fun tonight. ♪ ♪ back against the wall ♪ ain't nothin to me ♪ ain't nothin to me [ crowd murmurs ] hey! ♪ [ howls ] ♪

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>> well, a late winter storm bringing a new round of snow to millions of americans. the midwest already seeing some heavy snow and the northeast will start feeling the effects tonight and tomorrow. new york city suburbs could see up to five inches of snow. come on. we're practically in april! more than a foot could call in massachusetts and two feet in parts of new hampshire. what will make the storm particularly dangerous, they say, is the ice. and forecasters are expecting

rain and sleet and that could snap power lines and make roads extremely slippery. right around the corner. we'll keep an eye on it. a growing privacy concerns now over a pair of high-tech glasses, recently unveiled by internet software giant google. they actually look kind of nice. wait until you hear what they do. they act like a computer screen that you literally wear on your head and now we're discovering not only people with google glasses videotape you without you knowing, but these things are automatically snapping pictures as often as five seconds and sending those back to the big corporate headquarters. trace gallagher live in l.a. with more, trace? >> reporter: it kind of falls into the category ofwarable computers. some are coming out with wrist watches and google with the eyeglasses called google

glass. videotapes, picture, sound, you can cruise the web on these things and all by voice command or by kind of nodding your head or eye movements. just before your eye there's a tiny screen the size of a pencil eraser and if you want to scroll through touch the arm of the glasses or nod your head. the big concern, this thing takes video picture and sound and instantly uploads them to the internet. so someone who is looking at you could easily be recording you without your knowledge. there's a mode on the thing where it takes a picture every five seconds and then those pictures are automatically sent back to google, right? it could violate the user's privacy because they're being tracked and everything they look at is being looked at by somebody else and retailers would really like to get a hold of that. now, google has already been involved in a few privacy issues we know about. they've issued a statement, saying i'm quoting here, it is still very early days for glass and we expect as with

other technology such as cell phones and behavioral and social norms will develop over time. they say the whole privacy thing is overblown. of course they're selling a product. as for the product itself. some people say the computer screen is distracting because you're always wanting to look at the thing, when you're driving and giving you maps. there's a bar in seattle that has banned these things outright. don't come in there and it's not on the market yet. they expect it to go on the market later this year, megyn, price tag roughly $1500 or so. >> megyn: now what i'm thinking about? >> what. >> megyn: the jerk. remember that movie? you wind up cross-eyed because they put too much information there and walking around like that after? >> reporter: that's exactly right. distracting. >> megyn: it's a test yet again, we talked about to people's growing laziness and now that you can read somebody's brain to see what they're thinking and don't speak.

and god forbid i have to pick up something in the ipad or pick up the blackberry and find information. i can't lift my hand i have to have the information placed in front of my eyeballs. >> reporter: i have a friend who wears depends to watch football because he doesn't want to get up to go to the bathroom. that's lazy. we're going down the road. >> megyn: we were going to talk about rand paul and somebody needed to tell about the trick when he did the filibuster and he said making the filibuster end, got to go. see you, trace. >> see you, megyn. >> megyn: growing fears of a government coverup and we hear accusations that the survivors and there are anywhere between seven to 30 of them, of that benghazi terror attack, are being hidden from the public and scared into silence. the white house denies it, but a top u.s. senator is making that bold claim today. and a controversial play getting national attention for mocking bible stories and it's

sparking a serious debate about the double standards that appear to make it okay to make fun of some religions and not others, and taxpayer dollars are paying for this shot at christianity. plus, the parents of the defendants-- the parents of the victim, and the prosecutor in charge of the case sharing powerful, powerful statements in sub steubenville, ohio as the judge finds the two teens guilty of rape. and a look the at the verdict and ask whether the punishment fits the crime. >> and the-- that needs to be taken-- (inaudible) an absolute disregard for another human being cannot go without punishment. hi. i'm henry winkler.

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>> there are growing questions about a possible government coverup as we hear claims of the american survivors of the attack in benghazi, libya, they're being told by the feds keep quiet. investigators believe at least 33 people were rescued during that attack. but the public has yet to hear from any of them as senator lindsey graham believes why their stories are so critical. >> i've had contact with some of the survivors, their story

is chilling. they feel afraid to tell it as they come forth and tell the story, the best evidence of benghazi, there's not the a bunch of politicians not trying to cover their political (bleep) these are people living through the debacle. i'm trying to get them before the american congress and people in an appropriate fashion so they can learn firsthand what happened in benghazi. >> are the survivors back on the job. >> some are back working for the government and some are still injured. the bottom line is they feel they cannot come forward. they've been told to be quiet and at the end of the day we can't let this administration or any other administration get away with hiding from the american people and the congress, people who were there in real time to tell the story. >> joining me now, brad layman, a deputy assistant to george w. bush, and frank

lautenberg, a fox news contributor. extraordinary allegations, senator graham says we've got the survivors and know who they are, and the government does, and they're being told to stay quiet and says they feel they cannot come forward and that they believe there will be some sort of retribution if they do. and your reaction to just that charge alone, brad? >> it's an outrage. that our government claims to be the most open and transparent in history is probably the most transparent and secretive. they say they want to get to the bottom of this and make sure it never happens to another american again and is doing the opposite. i allege to you, megyn, the coverup started the day of the attacks when they said the attacks were due to a video when they know it wasn't true and they knew it wasn't true and they sent out surrogates like our u.n. ambassador susan rice to parrott falsehoods. so this is a continuing conspiracy on the american people to hide these people and now they feel intimidated, the very heros who helped save

lives and their lives were in danger and they're injured and they fear their government? and this is an absolute outrage and i believe the senator's allegations not only are true, but i think he's the type of person who can get to the bottom of it and let the people speak to make sure they understand fully what happened. >> they'll try. our own jenna lee interviewed jay carney on friday and asked him whether the white house prevented or attempt to go prevent any of the folks from speaking. here is mr. carney's response. >> and first of all, i have no knowledge of this story, secondly, i'm sure that the white house is not preventing anyone from speaking. >> so we have him saying, i'm not familiar with the story and i'm sure we're not and lindsey graham saying i have spoken with some of the survivors and telling you that they, as they put it, have been told to be quiet. so, which is it? >> well, look, there's a couple of things here, one is i actually agree that to the extent that they can't speak, and i thought charles krauthammer made a good point

over the weekend and some of the people probably can't speak because the names can't be divulged because they're intelligence officials and it's certainly above finding out what's happening what the prompts are. >> i can tell you what it is. >> just pause before you get to the next, i want to hear brad because graham said in a classified setting. >> if there are people who are clan destine officials, cia, nsa or others, then they can testify in camera, they can testify before a classified group of senators in a closed hearing and t necessarily will never know who they are unless they want to be identified or can be identified as a matter of law. >> megyn: okay. all right, let me pause you, brad and go back. >> i want to cede point. and the senator said we deserve to know their names. if they're in camera, don't have a problem with that. and we're coming up on the 10th anniversary of the iraq

war and a lot of assumptions to go into war were false. i would be a hypocrite if i were to say there would be no government oversight if there were assumptions made by any white house, and we should have done that with the iraq war and benghazi, i will grant you that, i would anl hope that senator graham who is in the house and voted for the iraq war would be as forth coming about wanting to draw lessons from that debacle as in benghazi, but right now, i don't see that. all i see is a partisan witch hunt. if in fact this were done properly and this were done not before camera, but a serious setting and congress did look into it it. i agree the more information the better. there are lessons to draw, the people died. and we need to know what we need to do next time to avoid it happening again. >> let me say julie says it's a partisan witch hunt and the administration says everything they need to give and transparent and you have senator graham coming out and saying i'm telling you, they're holding the survivors

of the attacks, the firsthand knowledge witnesses holding them back from us, but i want to ask you whether that now casts in further doubt the president's assertion, both of these comments they're about to play from you, are on the subject of benghazi, one happened in november and one happened a couple of months later, closer to february, february, the first one from november and second from february 13th and listen to the president on this. >> we're after an election now. i think it is important for us to find out exactly what happened in benghazi and i'm happy to cooperate in any ways that congress wants and we have provided every bit of information that we have and we will continue to provide information, everything about that, we've had more testimony and more paper provided to congress than ever before, and congress is sort of running out of things to ask. >> well, look, the president's preamble to the statement says it all. we're after an election.

before the election, after this happened on the anniversary of 9/11 the president was less than truthful with the american people and tried to keep a lid on this for his own political purposes, didn't match his message. after the election he claims he's given everything. what more can we give. we've given papers. mr. president it's not the papers that you give it's the papers that are relevant and the identification of the witnesses who were there and experienced the attacks and responded to the attacks and saved livelis. these are the people you're hiding from the investigation. why are you doing it? could have easily given the names to congress when they asked shortly after the attacks. and you didn't do it. the reason why you didn't do it because were you worried about the political election the exact same comment you just made, aired for the public and the president did not cooperate. >> megyn: julie senator graham says this is quote, an exhibit a of a failed foreign policy and this is why the president allegedly doesn't want the people to come forward. bin laden is on the run, and

al-qaeda is alive and well and benghazi, and how the people were allegedly begging for help. and we know that about the ambassador and apparently these people would back up-- >> and senator graham has to create the anti-obama to-- that's not what it's about at all. >> i would caution you and say this, senator graham can allege what it wants and white house can allege what it wants. the more lessons drawn from this the better. the more testimony from congress is the better. and if it's done privately without jeopardizing the covert operatives i'm for it. instead of trotting out on the sunday talk shows where senator graham is trying to burnish his bona fides, as opposed to going out there and-- >> how much more can he do? >> he can't prove this? >> senator graham is a whistle blower. >> he can't proof anything.

>> he's to get what he's entitled to. the president doesn't seem to honor or respect to co-equal branch of government. it's the congress who has the oversight ability. >> ten years ago we were debating iraq and-- >> let me leave it at this. he wants congress to have more oversight and the senator saying in the senate he's vowing to make life difficult suggesting he would hold up nominations until they get the answers they want. to senator graham's defense, that comment was made on the report with bret baier, julie. >> i'm sorry, yes, fox news. >> megyn: coming up a controversial performance getting national attention because of how it mocks some beloved bible stories, how it seems to point to a double standard when it comes to religion. why does it seem okay to attack some using public taxpayer dollars while others

are apparently off limits. plus, senator rand paul wants a straw poll for the political action conference, a big prize for potential presidential contenders, is he now the future of the republican party? we'll look at the evidence. [ male announcer ] it's relobster's lobsterfest our largest selection of lobster erees, like lobster lover's dream or new grilledobster and lobster tacos. come in now and sea food differently. visit redlobster.com now for an exclusive $10 coupon on two lobsterfest entrees. as well as they could because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. my doctor recommends citracal maximum. it's all about absorption.

only hertz gives you a carfirmation. hey, this is challenger. i'll be waiting for you in stall 5. it confirms your reservation and the location your car is in, the moment you land. it's just another way you'll be traveling at the speed of hertz. >> a controversial play in massachusetts mocking bible stories, and it's the most fabulous stories ever told and it's a satire of different stories in the bible. some call it freedom of expression and it raises questions about a possible double standard that may exist when it comes to religion and some believe it's okay to attack some for purposes of entertainment, but other religions remain off limits. and joining us now, david webb, host of the david webb show on sirius xm patriot channel and i'm glad you're on the set and you're both davids

and confusing and i have you right here. this is put on the by the pioneer valley public charter arts public school. some are objecting to public taxpayer money being used to insult the catholic faith by talking about the partner in the garden of eden not being eve, but steve. >> and i possible to taxpayer dollars being use today support or ridicule. we have a fairs amendment that's clear. >> megyn: do you agree with that. >> ridicule on-- >> they're starting off harmonious. >> now, let's get to the hypocrisy in reporting that hypocrisy and how this is dealt with. the courage of their conviction by the secular move and the secularists i'll broaden it that way, is to take on christianity. but the cowardice they won't take on the muslim religion because they face a religion

where some may issue fakuas, and the reporting on the religion that doesn't happen. let's report it as a story for what it is. it's heralded often by the mainstream media. president obama defends muslims, talks about america's tolerance. where is the tolerance and the right of christians to not be ridiculed. that's not being defended. >> do you think there is a double standard when it comes to mocking christianity, versus mocking, for example, islam? >> i don't think so. because american atheists, we mock islam all the time and i talk with muhammad's being a-- >> good gracious. >> what we're talking about, this specific case and not talking about mocking christianity and talking about people who are bigoted who use christianity as a shield for their bigotry. i want to make sure that everybody understands, bigotry against case is not a precept of christianity, there are

lots of christian churches that aren't anti-gay. a lot of bigots on many sides will use christianity, use religion as a shield against criticism for the bigotry. >> do you reject that any christians hold the legitimate belief that gay marriage is genuinely against what the catholic church stands for? >> i reject that it comes from catholocism. i respect that, that people are bigoted and this is not just christianity, it's old testament. that people using religion to jui justify the bigotry. >> they deserve it, apparently he didn't study the history of religion that closely. religious beliefs in the catholic church and just newly elected called francis the first, outlined as a catholic and when it comes to gay marriage, now, to throw bigotry into it is the attempt, they often use to make it about all of the church and all of the members.

where are the high school students here? are they the bigots in training? that they need to be rebutted by this. >> i want to pick up on this. we saw a guy get arrested for making a play, a movie that criticized the prophet muhammad and now we see this with public taxpayer dollars? we'll be right back with that. m. i've gotine grams of protein. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach. nine grams protein. zero fat. music ... music ...

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>> when there is a double standard, mocking commentary, however you want to put it. because here we have this public school taking on adam and eve as adam and steve, and when it comes to a so-called documentary that mocks the prophet muhammad, literally saw a guy taken away in handcuffs after there were riots in the middle east over this. i know you're not a religious man. do you see the double standard

where there is one faction of islam not the mainstream muslims, but one faction of islam that's so radical that it leads to protests and threats of violence and man getting arrested and is there an assumption that christians are not going to do that and so they're more fair game to mock? >> i think in this country where victims of a version of muslim terrorism by empathy. people riot in other countries in order to make us feel guilty, in order to make us obey islam law and we're yielding to that kind of terrorism when we make it politically correct to obey islamic law and that's why we sponsor the holiday. the fact that we have to obey their laws is the reason we have to disobey, i agree there's a double standard in the schools. and that the person who made the movie trailer didn't commit a crime and that he was

hauled away in handcuffs is atrocity. >> megyn: you had a consistent position on this? >> i hop so. >> megyn: i want to ask you though, aclu is coming out and defending this play. and yet, do you think that they would normally be suing over this if it-- you know, because the taxpayers dollars to speak about religion, and here it's in a way that's sort of critical and mocking. >> you have to look at the aclu for what it's become. they're pretty much a leftist organization that occasionally falls into a good case. if this were a christian school doing something about muhammad, calling it muhammad and muhammad or whatever the case may be, the aclu-- >> or promoting. >> or promoting christianity, aclu would file a lawsuit and bring in lawyers as they often do, especially in an area like north hampton, they would go he with their dollars. >> that's not true. the christian school would be a-- >> in a public school if they put on a play promoting

christianity and-- >> this is not mocks christianity. >> tons and tons are christian in this country that are not bigots. >> you've made that point, but there's a difference of a view. the supreme court today looking at a decision whether you should prove you're a u.s. citizen before you vote. ♪ wiress is limitless. [ female announcer ] from tracking the bus. ♪ to tracking field conditions. ♪ wireless is limitless. ♪ but that doesn't mean i don't want to make money.stor. i love making money. i try to be smart with my investments. i also try to keep my costs down. what's your plan? ishares. low cost and tax efficient. find out why nine out of ten large professional investors

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>> fox news alert. a case before the u.s. supreme court that could have an impact on elections across america. and welcome to a brand new hour of america live, i'm megyn kelly. the issue before the nine justices straight forward enough. can arizona require proof of citizenship before someone can register to vote? it's known as proposition 200 and it was overwhelmingly approved by america's voters. and a court thought it went too far. and shannon bream has the latest. >> reporter: hey, megyn. this case sets up yet another showdown between the state of arizona and the obama administration at the high

court. the justice wasn't an original plaintiff in this case, but was permitted to argue a good chunk of the case against arizona today. a common occurrence here at the supreme court. under federal law, there is a voter registration form that's simple. applicants can check a box indicating they are u.s. citizens and sign, attesting to that fact and so they can get registered to vote. and arizona citing cases of noncitizens registering to vote and prop 200 which requires of proof of citizenship, a driver's license, birth certificate or certain tribal documents. >> it's already illegal to fraudulently vote. if someone is willing to fraudulently vote that person would be willing to sign falsely. and so, the signature doesn't mean anything. we need evidence that the person is a citizen. >> critics say that this law has disenfranchised thousands of legal residents and argue

that arizona went too far going beyond what the federal government requires and it doesn't have the power to do that. >> federal law overrides this provision, and we are confident to date, based on the argument in the supreme court that the court will rule in our favor. >> they seem to have justice ruth bader ginsburg on that. and the they have the law, and the justices scalia who had tough questions for both sides seemed to echo what you heard from the arizona attorney general, i have issues with this simple federal form and he said you sign it, you check the box, big deal. if you're willing to lie about voting, why wouldn't you risk a perjury charge as well. we'll see where the nine justices come down when they get a decision before june, megyn. >> shannon bream, a chilly day in washington, thank you. here is the illegal immigration situation that arizona had to deal with. the department of homeland security reports an estimated 360,000 illegal immigrants

reside in that state. and in the same report, arizona ranks 9th out of the 10 states with undocumented legislation and arizona passed proposition 200 back in 2004 and requires residents to provide proof of citizenship to vote and consequences for state workers who do not report illegal immigrants trying it obtain to obtain govet services. we're a little more than 24 hours from the start of president obama's landmark trip to the mideast. as president obama gets ready for his first visit to israel since his 2008 election, the first time since he's been president. he's set to meet with israeli prime minister benjamin netanyahu and plans a visit with palestinians, but this trip comes as the palestinians rehe main as dug in as ever and as iran is refusing to budge on the nuclear program. what exactly is mr. obama hoping to accomplish here and why now? why now? >> ambassador john bolton is

the former u.n. ambassador to the united nations and a fox news contributor and let's start with that, ambassador. why now? why in year five of the presidency does he now go to israel? >> well, i think because he goes on his terms. there's no domestic political down side now, given that he's faced his last election. so, he can really go and use it for his own purposes, and i think what's interesting here is that there will be a real split on this trip between the public symbolism and the photo opportunities on the one hand, and the substantive conversation that president obama and prime minister netanyahu will have in private. >> megyn: only 10% of the israeli public, according to the latest polls, has a favorable opinion of our president. just 10% say they have a favorable opinion of him. that's a surprising number and it's not exactly the group before whom he's used to speaking. >> right. well, i'd like to know who those 10% are. i mean, i think it's clear

that president obama is the most hostile president that america's had since the formation of israel in 1948 and i think the message he's going to be delivering to prime minister netanyahu, don't use preemptive military force against iran's nuclear weapons program and be prepared to make more concessions to the palestinians, isn't a message which if it gets out into the general circulation is going to increase that 10% number. >> how can he do that? this is an issue during the election and an issue that people want to know about all the time he's been president. where do you stand when it comes to israel. do you support israel, do you support a possible strike by israel on iran, a preemptive strike in the nuclear program? and what about the relationship with palestine, and he's already on record. how can he -- how could he do anything other than what he has said thus far? >> well, he's certainly not on record for an israeli strike against the iranian program and he has said repeatedly that he wants to see israel

return to the 1967 borders of the state of israel with agreed-upon swaps and if there aren't agreed-upon swaps with palestinians you're back at the '67 borders. it's one thing to say retorically and to have the pro-israel community in the united states listen to him say i've got israel's back. it's another thing to see what he does in practice. and that really is, i think, the dysfunction, that you're going to see on this trip. he'll have his arm around netanyahu, the question is whether he's giving him a hug or just making sure he doesn't get away. >> megyn: you say in 65 years we've never had a president this hostile to israel. what do you base that on? >> on his policies in four years in office. look, this notion that israel is going to be forced to make concessions to the palestinians is different from bipartisan american policies since the 1967 war and the

u.n. security council resolution 242. the land for peace idea. and it's certainly radically different than the declared policy of the bush administration which is that israel is entitled to have secure borders. and i think the way the president approached it when george mitchell was his special special envoy and the speech before the u.n. general assembly in september of 2009, all indicate on the palestinian issue that the president really takes a radically different view of what israel is entitled to end up with in presence. and i think on the iranian nuclear weapons this is a potential debacle not just for israel or the united states, but they've made four more years under the obama presidency. >> megyn: what do you think

the president hopes to accomplish while he's over there and what will his message to us be upon his return? >> i think he's going to twist netanyahu's arm behind his back and with great fever say, i stand with israel and hope that the american people will believe what he says and not what he's doing. >> megyn: ambassador john bolton, thank you for your perspective. >> thank you. >> megyn: we've heard powerful statements from all sides yesterday as the judge delivered a guilty verdict against two high school football players accused of raping a young woman. kelly's court today on whether the punishment fits the crime. we'll tell you what happens. and dr. ben carson took the national stage this weekend and suggested, remember this fw guy? he made a big storm when he talked about the president's policies a couple feet away. he spoke again at cpac and suggested some changes underway in the country right now are threatening to destroy our country. he suggested our president is behind that. we'll look at what he sees as

our biggest concerns and whether or not that's a fair charge. >> we're reacting to, you know, what we see as our fiscal woes without planning for the future, without really caring about what is happening to the next generation, and you don't have to be a brain surgeon or a rocket scientist to understand that if we continue to spend ourselves into oblivion, we're going to destroy our nation. [ male announcer ] this is kevin.

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followed through on their promise to attack that country. country. >> the g.o.p. of old has grown stale and moss covered. and i don't think we need to name any names, do we? our party is encumbered by an inconsistent approach to freedom. the new g.o.p. will need to embrace liberty in both the economic and the personal sphere. >> megyn: well, that's senator rand paul speaking at the conservative political action conference this weekend. the ken he ken republican winning the presidential straw poll and raising questions about whether his libertarian views, views some thought once were too far into the mainstream could be a powerful and attractive factor for him in the 2016 presidential race. joining me now bill kristol,

weekly standard and fox news contributor and larry, mornings on the maul in washington and editor and chief of breitbart tv. gentlemen, welcome both. all right, so, bill, let me start with you. they are now talking about rand paul even more than before as the possible man to take the republican party forward in 2016. you have your doubts. tell us. >> well, i do because i agree with what he calls the g.o.p. of old, the g.o.p. of reagan and bush and yes, mccain, even though you're not allowed to say his name to conservatives these days, on foreign policy. they were right about national security. the problem with the obama administration, using too many drones, drink to kill americans, and the problem for obama administration, too weak, and i believe they'll ehe lekt a hawk and not a

neo-isolationist. >> megyn: when you saw paulng i rand's dad ron was running, some of the views he had more isolationist views were cheered. suddenly the younger crowd really, that really spoke to them and you heard them speaking about it openly and honestly, did you think, your detractors say you're old school and this is new school and that, you know, old school thinking and the republican party will be replaced by people who are more and more like rand paul. >> well, i said that about the old school cold war and both the democratic party and they he did replace them. and they promptly lost five of the last six presidential elections and i'm for young are candidates and for people younger than rand paul and marco rubio and paul ryan and national security hawks, i'm all for having younger candidates and i think that rand paul is too old. >> megyn: larry, let me ask you. because rand paul, these views are very similar to his dad's ron paul.

and ron paul had huge followings, like rabid in the nicest way followers who supported him, but didn't get the nomination. in fact, he didn't come close to getting the nomination and what is to make us believe that his son is going to do better than he did? >> well, first of all, i don't think he is ron paul. i covered the ron paul campaign quite a bit for breitbart and this is how it is, and rand paul is on record and said he won't take military intervention off the table when it comes to stopping iran from acquiring anew because that's not certainly the same thing that he believed. and we brought up the spector of ronald reagan and he had three legs to that republican stool back then, the christian he coalition, you have the defense hawks, but you also have the small government libertarians and ronald reagan didn't preach small government because we can't afford it,

but big government into the lives of american people is against the founding document. the republicans lost the argument against big government because suddenly we could afford it and look where we are now. >> megyn: it doesn't seem that rand paul is on different footing when it comes to small government. he's on different footing when it comes to foreign affairs and our military intervention. >> well, both of those positions are rooted in a constitutional argument. you can make nuanced arguments when it comes to the drone strike, you're getting lost if you thought the filibuster for 12 hours was about drones. rather seeing a republican senator stand up against the executive branch and he did something that the brilliant minds of the republican caucus had not been able to do, to win an argument against in president and make president obama look very small. >> megyn: that's an interesting point, bill, forget for a moment your position on drones and the use of them, but rand paul got up

and he challenged president obama and wound up getting the answer which was the answer he wanted. and pressured eric holder coming out and saying, okay, no, we won't use drones on american people and you know, we don't have evidence they're an imminent threat to the country so he did score a victory against the obama white house and the accusation is that other republicans didn't have the courage to do it. >> well, i don't think the republicans thought that was important enough issue to fight on and i happen to degree with them on that. he got an a statement, his statements from eric holder. what rand paul should want is congressional legislation, maybe he'll introduce it. look, i admire his political entrepreneurship. i wish more republicans showed the spunk, the nerve, the verve that rand paul show. you can't take the position, any fight against obama is great, and embarrass him, you have to look at the end of the day, rand paul is for retreat from the world and a principle more or less neo-isolationist view and doesn't think we need

to be on the offensive around the world and i think that's dangerous. i'm happy to debate it, he has every right to make his views known. >> megyn: some critics say he will not be successful in getting the nomination, nor in winning because in his libertarian way criticized the civil rights act, look, you can't legislate people into not discriminating, and the consumers will reject them and cards fall where they may. i don't, i think that was a rachel maddow gotcha moment. and one week after he's a skilled politician now and this is about imagery and being able to deliver had a message and it was horrific to see senator mccain come out there like a grumpy old man, decrying college libertarians in their dorm rooms and getting excited about rand paul. and if senator mccain had some of those college libertarians on his side he'd be president mccain and not the angry man in the senate and trying to

kill everybody's excitement. >> megyn: we'll leave it at that. good debate, gentlemen, thank you both. >> thanks, megyn. >> megyn: coming up we've got a breaking news situation coming in on one of the most famous art heists of all time. a ripoff valued at up to half a billion dollars, a billion with a b, next. and shock and awe launched the iraq war ten years ago this week. coming up, we'll speak with our own rick leventhal who was on the front lines when it all began. >> you can only see about a few feet in front of your face. and the wind is gusting well over 50 miles per hour, perhaps 60, 70 miles per hour. the conditions are just awful. it's like you're taking a bath in dirt out here. [ male announcer ] just when you thought you had experienced performance

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>> classes are resuming at the university of central florida in orlando. a bomb squad safely removing explosives found in a dorm room ending a tense morning on campus. police evacuating some 500 students from the building after investigating an apparent suicide. we're told it was ucs student who took his own life and police say they continue to investigate. well, this week marks a milestone in the war on terror. operation iraqi freedom, our nation of iraq began ten years ago this week. rick leventhal was on the front line when the first shots were fired and live in the the news room with more. rick, tell us. >> well, megyn we have a series this week and we want today catch up with the marines we spent time with in 2003 to see where they are and the reflections looking back and starting with the former commander of the third lar.

>> general stacy clarity is director of operations from the marine corps. he'll soon be commanding the third marine division from okinawa japan. >> i think i owe something, i owe something to the country and i owe something to the corps and sailors and the marines. >> ten years ago, then lieutenant clarity led the battalion and a thousand young marines into iraq. >> we're doing fine and kicking ass and taking names. >> at his office in the pentagon i asked the general about criticisms of the war. >> i think we left iraq better than we found it. i'm proud of that. the iraqis are in control of their own destiny which was not true at the time. they have been able to take what we've given them and they can determine where they want to go in the future. >> and that certainly wasn't true with saddam hussein.

>> do you have any regrets? >> the only regrets i have we weren't able to bring everybody home. >> a few days after we left the general and his men back in 2003 they located and rescued seven american p.o.w.'s including shoshana johnson and says that was one of his proudest moments. >> megyn: rick, looking forward to the series. thanks. the fbi wrapped up a news coffin in a possible break in what is called the most valuable museum heist of all time. the thieves made off with a half billion dollars in stolen paintings. wait until you hear how they did it. plus, dr. ben carson took to the stage this weekend and suggested at cpac that some of the changes underway in america are threatening to destroy our country. and he was clearly blaming president obama for many of them. his arguments next.

>> fox news alert. a fbi news conference wrapping up on the priceiest heist of all time. police believed two men disgussed as delivers made off with a pile of priceless art work from the isabela museum in boston. and valued by some up to a half a billion dollars, billion with a b. the fbi believed it's determined where the art was stolen years after the threat theft and knows the identity of the thieves. okay. 1990? and they held the news

conference in an appeal for more tips. and named a couple of organized crime figures as part of their investigation as we learn more, we will bring this to you. well, dr. ben carson is the neuro surgeon who made a big splash on the scene last month when he challenged president obama at the national prayer breakfast. he was just a couple of steps away from the president and that made some news. now, the possible future candidate, possible, i say, future candidate for public office is getting new attention today for what he said this weekend at the conservative political action conference, or cpac. here are some of those remarks. >> let's say somebody was there and they wanted to destroy this nation. what would you do? let me tell you what i would do. first of all, i would create division among the people. i would have everybody pitted against each other because a

wise man by the name of jesus once said a house divided against hiitself cannot stand and then i would encourage a culture of ridicule for basic morality and the principles that made and sustained the country. and then i would undermine the financial stability of the country, drive it so far into debt that there was absolutely no chance that it could recover, and i would weaken the military and destroy the morale of the military. it appears, coincidentally, that those are the very things that are happening right now and the question is, how do we stop it? >> joining me now to discuss that, mark hannah, adjunct professor of media studies at the news school and a former ai aide, and tony, a fox news

contributor. i'm saying just coincidentally, those are the very things happening right now. it's a bit after bomb throw to suggest that the president -- that seems to be what he's saying that the president of the the united states wants to destroy the nation. start with you, as republican. >> pretty clever though, right, megyn. at one point in the speech said look, it's not just the president's fault, a lot of people created the problems, but if i were to be a president and want to destroy america, would i do the following things. this has been the debate president obama himself said he wanted to fundamentally transform america. and four years later we see the fundamental transformation isn't going as good as the republican want to see and destroying the fabric of our economy and 25% of our gdp is government spending and the highest since world war ii, a president who socialized 1/6 of our nation's economy by putting health care into

obamacare. these are republicans, whether or not you want to be clever and say destroying america, putting measuring on a dangerous course in the future. he says it's spending, obscene spending that is the real problem and he is right on that. >> megyn: and euphemistically he wants to destroy the country, that he is destroying the country by changing things that tony mentioned. but there are some who genuinely believe he wants to destroy the company and do you think that dr. carson is one of them? >> i don't know whether he is, i don't know a thing about him other than what he presents to us. what i do know he's stoking the fears and cynicism of those people who think the president wants to destroy the country. it's one thing to criticize the president on public policies or file of leadership with you to come out and say that the president of the united states, the majority of voters elected, wants to-- >> it's treasonness. >> and that's why politics have become so cynical, it's

tr treasonous. and what doctor carson want to run-- >>, but suggesting that in a way that it's treasonous, if you have a president sitening the offers that wants to destroy america. >> he did rhetorical trickery, and by not-- >> he's a brain surgeon. >>'s a smart guy. >> what he's doing, he he's saying that the president is trying to divide us and in doing so becoming what he criticized. >> megyn: when you look at allegations, tony, i would create division among the people has the president done that? >> absolutely. >> the-- actually i think we're more unified than divided, but this president has run an entire campaign on dividing the american people between lines of class, race, and wealth. >> you don't know that. >> and the whole argument. >> megyn: hold on, hold on. >> the whole argument that we saw employed by occupy wall street, the top 1% against the 99%. this president has fueled

resentment in our country and what i think dr. carson also said in the speech, this is not america. this is not the way we have succeeded as the most prosperous and generous nation that this planet has ever seen. we've not done it by resenting each other, we've done it by unifying and growing and working together and that's not what this president is-- >> let me get to you on that, creating a division within the people. >> the democratic party is inclusive and because the president ran a campaign that appealed to moderate middle of the road democrats, you can say, all of your criticism about the state of the economy, there's another narrative here and that's that joblessness at a five year low, that, you know, the stock market has hit record highs every day last week, he's on a massive rally and consumer confidence is up and housing market is up. so i don't know what america that's being destroyed, dr. carson lives in. what universe he lives in. it's not this america, there's a lot of reason to be optimistic right now. >> megyn: because one of the other charges is he would undermine the financial stability of the country.

>> by the end of this president's term, mark, let's talk about financial stability. >> megyn: you finish your point. >> i want to talk about xrim a compromise because the president had gone many days up to the capitol hill and talking about a common sense caucus. and we can talk about divisions and point my finger and mitt romney said 47% of the american people. >> i rejected by the way. >> i'm sure you did and so did the american people. >> megyn: that came late. the outreach to the republicans came late in the term, but he's speaking about something more when he's talking about stoking the divisions. but speak to mark's point about undermining the financial stability and his point about the stock market a rebounding and positive economic indicators. if husband goal is to destroy the country, mark-- >> i don't know if mark wants to make that claim today when he sees the stock market react to what's happening in cyprus, and all of a sudden, the stock market and wall street is indicative of prosperous growth on main street, i would definitely take -- we have the highest labor force--

the lowest, rather, labor force participation since the 1980's, mark, you know that. the jobless rate is decreasing because people are leaving the work force. economic growth the rising tide that lifts all boats in our country .1% increase average. you need 2% to even keep up with inflation. >> megyn: you mention, i mean, you talk about what's happening in cyprus and for the viewers who didn't watch this in the last hour, the government of cyprus has now okayed the theft, that's the word i would use, the theft by the government of people's private savings accounts and taking 10% of those with more than 100,000 and 6.75 under and they're taking it and failed with the eu to bail them out of bankruptcy. and one of the things that dr. carson is railing on is our debt and he feels the president has been irresponsible when it comes to spending and the debt, which is poised to be 20 trillion dollars by the time president obama leaves office. we can never pay it back. >> which is about 80% of our gdp. i mean, if you're making

$50,000 a year and your debt as a family is 40,000 a year, it's bad, but it's a lot of families carry that and now what, it's not-- >> a lot of people do. >> that's the response. >> megyn: and-- >> the budget claims from the democrats do that over a period of time. >> no, they don't. they never balance. >> and which plan are you referring to. >> if the economy were growing at 5%, 6%, as it has in the past. >> you can't have government spending at 25%. >> megyn: hold on. >> you're going to see the debt and deficit dwindle massively. let's talk about the contest in which dr. carson were speaking, if were talking about the debt and the policy prescriptions of the democrats and the obama administration then he needs to present a counter argument. he needs to present a vision for america that goes against that and he's fnot doing that, he's condemning and criticizing the president's motives, and by insinuation. >> that's absolutely not true.

and in fact-- >> disrespectful for the office. >> first of all, he's not run for office. he's not doing this to seek political power, he loves this country. and number one. number two, you mentioned the debt, megyn, this president by the time he leaves office and reelected and we can all agree it that would have added more to the debt than all of his predecessors, including the much maligned george w. bush combined. he had no pro growth, and doesn't protect the balance and the president is delinquent by two months presenting a budget. en you're making your assessment at 5% growth and we have government spending at 25% of gdp. that's never happened once in our history that you have so much government involvement in the private economy and so much growth at the same time. >> megyn: the 5% growth would be fairly modest if we had anything like it. >> we have .1%. >> he inherited an economy that was shrinking, but we're growing. >> megyn: but we're-- let's not mislead the viewers to suggest that we're anywhere near 5%. >> correct. >> megyn: before i let you go,

is this guy going to run for office, dr. carson? >> i think so. i was talking with the reporter who came up with the story for national review and says it's an open question. she couldn't get a good read, but there were people in the audience, obviously the right wing of the right wing at cpac that were supportive of him and probably would give him a shot. >> i hope so, i don't think so. >> and-- >> next year or-- >> dr. carson is a thought leader put a lot on the table and put out an actual agenda and talked with the flat tax and health savings accounts, talked about reducing the top marginal rates so the economy grows, he really does have a good concept of what measured mesh-- america wants. >> megyn: and you've not heard the last of dr. ben carson nor of mark and-- next, the verdict in the trial of the two high school football players in the rape of an underaged girl. they were found guilty. and kelly's court will take a look at the punishment handed down fits the crime. money.

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>> kelly's court is back in session. fallout from a trial to provided a working class town in ohio and some in the country as we watched the case play out. two high school football players found guilty of raping a 16-year-old girl at a party this past august. the prosecutors say the victim was so drunk she could barely walk. she had vomited all over herself let alone give consent to sexual acts. the crime only came to light after naked pictures of the victim were posted online and circulated. and the judge in juvenile coach sentenced ma'lik richmond shown here to one year in juvenile detention while trent mays, the other defendant got twice that, two years. >> i'd like to apologize-- her family, my family, the community. those pictures shouldn't have been sent around.

>> an emotional moment in court. joining me now to discuss whether the punishment fits the crime, lis wiehl legal analyst and mark eiglarsh, i don't think any of us are surprised by the verdict given the evidence put on by the prosecutor and sealed their fate and the pictures of the girl carried around like she was an animal, passed out or near it, could not have helped their case. and when we saw ma'lik richmond, the defendant who break down in tears there, he was walking over to the

victim's mother, to the victim's family and he was the one who the judge showed more leniency to, lis. and trent mays got two years, your thoughts on the punishment. >> i don't think it was enough, i don't. they were tried as juveniles in court so no way they could be in prison or juvenile detention until after 21 years of age. that was the max. should have gone to the max. what these two boys, these two young men did was so horrific. the act itself, megyn and then the joking, the laughing, putting her picture up there on the internet for her to see for the rest of her life was so wrong. one and two years is simply not enough. >> megyn: i don't want to get graphic, mark, but the rape that occurred in this case was manual, all right? let's leave it at that and it happened twice and both defendants are accused of having committed it. is there a difference? i mean, do you get punished less harshly for this type of sex act than you do for, i

mean, you can refer to rape as a sex act, for that type of rape than the more traditional form, if you will? >> i can't speak for every judge around the country. i can tell you personally i don't think there's a difference and lis and i agree this was a horrible, horrific crime and deserve to be punished. we disagree in that i'm not suggesting though while it was on the lighter side, that this was an unfair sentence. these defendants didn't move this case to juvenile course, prosecutors did after knowing the facts about their lives and about the facts of this crime, they chose not to put this in adult court. so the maximum they were going to get would be maybe four to five years in a juvenile facility. those who get the max are typically defendants who are not remorseful. these kids were. those who have prior records. these kids had not had any contact with whatsoever. and ultimately i think those factors and others, forgiveness of the parents of the victim, a fair on the

lightened of t light end. >> megyn: and the mother of the victim has for given one, ma'lik, who made the statement, and not the other. she had a statement in court, let's listen. >> it doesn't matter what school you went to or what sport you played. human compassion is not by a of >> that does not define my

daughter. good for her saying that, lis. there was some remorse shown, you know, at some point in the trial when they were found guilty and sentenced, but the prosecution's closing argument, lis, how they were not remorseful. >> exactly, megyn, that's it. sure they're remorseful at the time they're sentenced they want one to two years, something less than four to five years, mark is right the most this could have gone. of course they're remorseful because they want to get off and bless that mother, bless her heart for being so kind and for giving. i being a judge in that situation would not have been so foregiving. it's not just what they did, it's putting it out there and making fun of this woman. >> megyn: and she says no moral code. >> and there is more, the kids, they're going to be registered sex offenders the rest of their life. and understand, i'm not making an excuse, knew right from wrong, but juveniles are different. that's why they have a different court. the frontal lobes of their brains have not fully been

formed and reasoning and judgment. >> megyn: that's true, absolutely a fact. you are correct in saying that, but it's a question about whether, you know, why don't we see this behavior in more cases then? i want to talk about that when we come back and also talk about the attorney general in ohio are suggesting there could be charges still to come and we'll show you why next. what are you doing?

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now the ag in ohio suggesting there could be more charges to come. mark is right. it's a scientific fact these kids -- their brains are not fully cooked. yet it that a justification or does that met gait -- mitigate third acts. it wasn't just the rape. it was the laughing and celebration. >> it is not an excuse. it's mitigating in the sense they already had mitigation by

being tried as juveniles. the got the break. they could have gotten 10 or 20 years for the rape. >> they're not going to be sitting around singing wheels on the bus go round and round and playing video games. they'll be in a lockdown juvenile facility. filled with the worst of the worst offenderles. not easy for them. >> and not easy for the 16-year-old girl who was treated like a piece of garbage. one of the things the ag is going to look into is the other teammates and attendees -- there's a picture of the girl. -- they were carrying her like you carry dead deer you just shot, and walking around with this girl like she was nothing, and then the text messages talking about what happened and celebrating. look at this.

what a laugh riot. let's remind ourselves of the one man caught on video talking about it after the fact. >> it was like if she wakes up -- >> get real. >> she is deader an andy reid's son. >> i'm sorry. [bleep] >> what's wrong with you? >> that's how bad she is. >> the ag says he is asking to cop vaccine a grand jury to see whether additional charges or indictments are in order. >> i think that's a good idea. it's not to see other kids. what about adults? the coach are0s teacher? and under the law in ohio they would have a duty to report or do something about it. >> no crime to laugh about another crime after the fact. it is a crime to circulate pictures of an underage girl half naked only. thank you both so much. we'll be right back.

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